Attorney General intervenes in city asset forfeiture

Published 10:57 pm Saturday, September 1, 2018

On a Friday afternoon conference call involving the Alabama Attorney General’s Opinion’s Division, the League of Municipalities, the Selma City Council, Chief of Police Spencer Collier, City Attorney Jimmy Nunn and Mayor Darrio Melton, guidance was given pertaining to the authority of the Council and the City Finance Director in the expenditure of asset forfeiture funds through state judicial order.

Several recent attempts were made by Finance Director Ronita Wade to encourage the City Council to take control and spending authority of the funds from the Police Department and give sole authority to the Council.  The proposal would allocate $5,000 annually to the Department and all expenditures above that would require approval of the Council.

Collier, Melton and Councilwoman Susan Youngblood publicly opposed the proposal.

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Asset forfeiture funding is often used for undercover purchases of narcotics, illegal guns and other contraband.  Additionally, the funds are also used to purchase surveillance equipment.

Collier said in a release that the Selma Police Department does not own any surveillance equipment, and that he has been routinely forced to borrow equipment from local, state and federal law enforcement partners.

“I have made multiple requests to purchase surveillance equipment with City funds and Mayor Melton’s proposed FY 19 budget provided us the equipment to be a modern law enforcement agency,” said Collier.  “His budget provided for observation towers, license plate readers and much needed video surveillance.  At some point, you wear out your welcome by continuously borrowing equipment.  If public safety is a priority, then you have to fund it properly.

“Unfortunately, Mayor Melton’s budget was voted down with little debate.  Alabama statute clearly gives the Chief Law Enforcement Officer of a municipality the sole authority in the expenditure of asset forfeiture funds,” Collier said. “In addition to surveillance equipment, Chief Collier attempted to use asset forfeiture funds to purchase body armor and ballistic helmets for its tactical team.  Selma’s tactical team referred to as Fugitive Apprehension & Special Tactics (FAST) is a fully certified SWAT team, but operates without the proper ballistic protection.   Collier added, “I can’t in good conscience allow my operators to make high risk entrances without the proper ballistic protection.  Fortunately, the State Trooper Tactical Team has readily granted every request for tactical assistance on a high-risk operation.   I can’t thank Col. Charles Ward enough, every time we have asked…. they have been there without hesitation.

“The proposal has twice been tabled with the leadership of Councilwoman Susan Youngblood,” said Collier. “The purpose of the proposal may have been well intended, but requiring us to go before the council to request ‘buy money’ or surveillance equipment presents an officer safety issue for our officers.

“The AG’s Opinion’s Division was clear in its direction today that requiring the Council to approve expenditures of asset forfeiture by the Chief of Police was directly contrary to state law,” said Collier.

“The AG’s Office direction today was unambiguous,” said Melton.  “State law and a current AG’s opinion clearly states that only the Chief Law Enforcement Officer can requisition funds from state asset forfeiture funds and the Finance Director shall make the funds available.  The Police Department adheres to the requirement that the funding can only be spent on law enforcement needs.  The checks and balances for the expenditures are in place and we recognize and welcome the fact that the AG and US Attorney can audit the expenditures at any time.   Today was a victory for public safety in Selma.  Public safety is and will continue to be my priority.  Improved public safety generates economic development and improves the quality of life in Selma.”